This arbitration policy relates to disputes between Orangenius Inc. DBA Artrepreneur and users of our Services (“Disputes”). Capitalized terms used but not defined herein have the respective meanings ascribed to such terms in the Artrepreneur Terms of Service.
All Disputes will be resolved by binding arbitration in accordance with this arbitration policy. You may not initiate an arbitration proceeding for any Dispute unless and until you have first notified us in writing of such a Dispute (“Dispute Notice”) and we have failed to resolve such dispute within 30 days of receiving the Dispute Notice. Dispute Notices must be sent by email to support@artrepreneur.com. Arbitration awards may be enforced in the court(s) of competent jurisdiction located in New York County, NY. The provisions of this paragraph are governed by the provisions of the Federal Arbitration Act, 9 U.S.C. §1, et seq. and will survive the settlement of any Dispute.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in American Arbitration Association’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that you are giving up your right to a trial in court, either with or without a jury. You also understand that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle a Dispute.
All arbitration proceedings will be conducted in accordance with the rules of and will be administered by, the American Arbitration Association under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. All arbitration proceedings will be held in New York County, New York, or any other location mutually acceptable to the parties, and the laws of the State of New York will exclusively govern all Disputes. You may opt-out of this agreement to arbitrate by contacting us within 30 days of first accepting the Terms and stating that you (include your first and last name) decline this arbitration agreement. Notwithstanding anything to the contrary contained herein, in the event that this agreement to arbitrate is not found to apply to you or your claim, or is deemed not enforceable by a court or arbitrator of competent jurisdiction, you agree that such dispute will be subject to the exclusive jurisdiction of the state and federal courts located New York County, New York, and you waive any jurisdictional, venue, or inconvenient forum objection that you may have to such court.
In addition, you agree that you may only resolve Disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted allowed under our agreement.
FAQs About Arbitration Policy
- What is arbitration? Arbitration is a form of dispute resolution that takes place outside of court. It involves an arbitrator (a neutral third party) who reviews the facts of the dispute and makes a binding decision. The process is generally quicker and less formal than court proceedings.
- How is arbitration different from going to court? Unlike court cases, which are public and can involve a judge and jury, arbitration is private and the arbitrator decides the case. While the process allows for the presentation of cases by both sides, it is generally more streamlined with limited discovery (the process of exchanging information related to the dispute).
- Why does Artrepreneur use arbitration for disputes? Arbitration can provide a faster, more cost-effective way to resolve disputes than traditional court litigation. It helps Artrepreneur and its users avoid the complexities and expenses of court proceedings.
- Do I have a choice in the arbitration process? The Artrepreneur arbitration policy is part of our Terms of Service, which users agree to when they use our platform. This includes agreeing to resolve disputes through arbitration. We believe this process benefits our users and the platform by providing a clear, efficient way to handle disputes.
- Can I opt out of arbitration? Yes, you have the option to opt out of the arbitration agreement. To do so, you must contact us within 30 days of first accepting the Terms of Service, clearly stating your desire to opt out of the arbitration agreement. This allows you to retain your right to resolve disputes through the court system instead of arbitration.
- What happens during an arbitration proceeding? Both parties can present their case to the arbitrator during arbitration, including evidence and arguments. The arbitrator then decides based on the information presented, which is binding and enforceable in court.
- Where will the arbitration take place? Unless both parties agree to a different location, all arbitration proceedings will be held in New York County, New York, and will be governed by the laws of the State of New York.
- Who pays for the arbitration? Costs for arbitration are typically split between the parties. Still, the specific arrangements can vary based on the American Arbitration Association’s rules or any mutual agreement between the parties before arbitration commences.
- What if I have more questions about the arbitration process? If you have further questions about arbitration or how disputes are handled at Artrepreneur, please contact us at support@artrepreneur.com. We’re here to help clarify any aspects of our dispute resolution process.
Contact Information. If you have any questions, concerns, or comments about our Arbitration Policy, you may contact us using the information below:
By email: support@artrepreneur.com
Through our Contact Page
By mail: Orangenius Inc., DBA Artrepreneur. 511 Ave of the Americas Unit #934, New York, NY 10011